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ACT No. 6552026 Regular Session
HOUSE BILL NO. 584
BY REPRESENTATIVES BOYD, BAYHAM, BEAULLIEU, BERAULT, BILLINGS,
BOUDREAUX, BRASS, BRYANT, BUTLER, CARLSON, CARRIER, WILFORD
CARTER, CHASSION, COX, DESHOTEL, DEWITT, DICKERSON, FISHER,
FREEMAN, FREIBERG, GREEN, HEBERT, DANA HENRY, ILLG, JACKSON,
JORDAN, KNOX, LACOMBE, LAFLEUR, JACOB LANDRY, MANDIE
LANDRY, TERRY LANDRY, LARVADAIN, LYONS, MARCELLE,
MARTINEZ, MOORE, MURRAY, NEWELL, PHELPS, SCHLEGEL, TAYLOR,
WALTERS, WYBLE, AND YOUNG AND SENATORS BOUDREAUX, CLOUD,
HODGES, LUNEAU, AND MCMATH
1 AN ACT
2 To amend and reenact the heading of Subpart D-1A of Part II of Chapter 3 of the Louisiana
3 Revised Statutes of 1950 and R.S. 46:286.16(A), (B), (C)(introductory paragraph),
4 (1), (3) through (7), (9), (12), and (15) through (18) and to enact R.S.
5 46:286.16(C)(19) through (21), relative to children in foster care, to provide for the
6 rights of children in foster care; to provide for age adjustments; to provide for the
7 elimination of the practice of providing foster children with garbage bags to move
8 between foster homes; to require proper luggage for a foster child's use; to provide
9 for the right to safe transportation; to provide for the right to family or other suitable
10 individual placement when available; to provide for definitions; to provide for the
11 responsibilities of local social services districts; to provide for responsibilities of host
12 families; and to provide for related matters.
13 Be it enacted by the Legislature of Louisiana:
14 Section 1. The heading of Subpart D-1A of Part II of Chapter 3 of the Louisiana
15 Revised Statutes of 1950 and R.S. 46:286.16(A), (B), (C)(introductory paragraph), (1), (3)
16 through (7), (9), (12), and (15) through (18) are hereby amended and reenacted to read as
17 follows and R.S. 46:286.16(C)(19) through (21) are hereby enacted to read as follows:
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1 SUBPART D-1A. FOSTER YOUTH'S CHILDREN'S BILL OF RIGHTS
2 §286.16. Short title; purpose; rights
3 A. This Subpart shall be cited as the "Foster Youth's Children's Bill of
4 Rights".
5 B. The Department of Children and Family Services shall implement,
6 promote, and support the rights contained in this Section through the policies and
7 practices of the department as applied to youth ages fourteen children from birth
8 through age eighteen who are in foster care in this state.
9 C. Youth ages fourteen Children from birth through age eighteen in foster
10 care in this state are entitled to the following rights granted to them when it is
11 determined by the department to be age appropriate and in the best interest of the
12 youth child:
13 (1) The right to privacy concerning the youth's child's personal and
14 confidential information.
15 * * *
16 (3) The right to be in a stable and supportive setting that is free from neglect
17 and emotional, verbal, physical, and sexual abuse or exploitation, and that is the least
18 restrictive to meet the youth's child's needs.
19 (4) The right to participate in all case plan meetings, to include supportive
20 adults of the youth's child's choice to be on the planning team, and to be provided a
21 copy of the youth's child's case plan every six months or whenever changes are made
22 to the plan.
23 (5) The right to have the youth's child's medical and mental health needs met
24 on a regular and timely basis.
25 (6) The right to be provided adequate trauma-based counseling and
26 therapeutic services throughout the youth's child's time in foster care.
27 (7) The right to be provided the contact information of the youth's child's
28 caseworker, attorney, and CASA volunteer, and to attend meetings with them on a
29 regular basis.
30 * * *
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1 (9) The right to access materials necessary for school and to further the
2 youth's child's education, including access to a computer or other electronic devices
3 and to the internet when needed to complete assignments, the right to receive
4 tutoring services, and the right to access information regarding college admissions.
5 * * *
6 (12) The right to remain in the youth's child's school of origin.
7 * * *
8 (15) The right to refuse involvement in religious-based activities and the
9 right to continue the youth's child's cultural, religious, and ethnic traditions and belief
10 systems.
11 (16) The right to be free from discrimination of any kind on the basis of the
12 youth's child's race, color, sex, language, religion, political or other opinion, national,
13 ethnic, or social origin, property, disability, birth, or other status.
14 (17) The right to attend and have transportation to services, events, and
15 activities provided by the Independent Living Skills Program within the youth's
16 child's region, the right to receive timely notification of upcoming youth child
17 advocacy and engagement services in the youth's child's region, and the right to be
18 provided with the entire amount of the monthly allowance as outlined in department
19 policy.
20 (18) The right to express and voice the youth's child's needs, concerns, and
21 desires about foster care.
22 (19)(a) The right to proper luggage that is considered to be durable and
23 reusable containers that are in new or like-new condition to move between foster
24 homes to ensure the child's dignity and safety. Luggage includes backpacks, boxes,
25 duffel bags, or suitcases. The use of garbage bags is strictly prohibited.
26 (b) It is the responsibility of the local social services districts to provide
27 foster children with proper luggage. These districts along with the Department of
28 Children and Family Services shall host biennial luggage donation drives for luggage
29 to be distributed to foster children.
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1 (c) It is the responsibility of the host family to ensure that the luggage
2 provided by the Department of Children and Family Services remains with each
3 child.
4 (20) The right to reliable and safe transportation, including the right to the
5 age appropriate car restraint system necessary to protect the child as required by R.S.
6 32:295.
7 (21) The right to be placed with a suitable family member or other suitable
8 individual as defined in Children's Code Article 603, when one has been identified
9 and is capable of safely and appropriately caring for the child.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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